Prop. 8 ruling brings dueling plans

June 28, 2013

Updated Aug. 21, 2013 12:28 p.m.

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From left to right, Craig Kain, Asher Kain-O'Grady and Kevin O'Grady celebrate the reversal of Prop. 8 at the Old Orange County Courthouse in Santa Ana on Wednesday. MICHAEL GOULDING, ORANGE COUNTY REGISTER

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Gay marriage advocates celebrate the Supreme Court rulings on Prop. 8 and the federal Defense of Marriage Act, or DOMA, at the Old Orange County Courthouse in Santa Ana on Wednesday. MICHAEL GOULDING, ORANGE COUNTY REGISTER

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Proponents of gay marriage watch a street gathering to celebrate the court ruling on Proposition 8 and the Defense of Marriage Act from the second floor of a building in San Francisco on June 26, 2013. The Supreme Court issued a pair of opinions Wednesday expanding gay rights, ruling unconstitutional a law denying federal benefits to married same-sex couples and effectively permitting gay marriage in California. JIM WILSON, THE NEW YORK TIMES

From left to right, Craig Kain, Asher Kain-O'Grady and Kevin O'Grady celebrate the reversal of Prop. 8 at the Old Orange County Courthouse in Santa Ana on Wednesday. MICHAEL GOULDING, ORANGE COUNTY REGISTER

Other states that allow same-sex marriage

Connecticut

Delaware

Iowa

Maine

Maryland

Massachusetts

Minnesota

New Hampshire

New York

Rhode Island

Vermont

Washington

District of Columbia

Source: National Conference of State Legislatures

A church in Brea has begun clearing its calendar for a few Saturdays to offer free weddings in its sanctuary to same-sex couples. A Los Angeles-based private security company began advertising discounts for its services at receptions. And California Attorney General Kamala Harris said she wants those marriages to begin "immediately."

That's because the U.S. Supreme Court ruled Wednesday that defenders of California's same-sex marriage ban, Proposition 8, didn't have the right to argue the case – essentially clearing the way for gay and lesbian couples to marry.

But David Madden, spokesman for the 9th U.S. Circuit Court of Appeals, said Thursday the court will adhere to protocols established by the U.S. Supreme Court, chief among those being to give the losing side of a case the full 25-day window to petition the high court to reconsider its decision.

For the 9th Circuit, Madden said, "It's our general practice to wait until we get the final order."

No problem, said Kevin O'Grady, executive director of the Gay and Lesbian Community Services Center of Orange County.

"There's going to be a lot of weddings," O'Grady said. "Those who heard about the 25-day wait are fine with it. I think they're just thrilled to have the opportunity to get married."

The window also gives Prop. 8 backers a chance to consider their next moves.

Ron Prentice, who was the chairman of the Yes on 8 committee, said the court's 5-4 decision left questions as to whether the ruling only applied to the two couples who brought their marriage-discrimination case forward or the two counties – Los Angeles and Alameda – where the couples got married.

But Harris has already instructed the state Department of Public Health to let all 58 county clerks begin issuing marriage licenses.

Jean Pasco, a spokeswoman for the Orange County Clerk-Recorder's Office, said the office is ready to comply as soon as it's legally allowed to.

When same-sex weddings resume in the state, Prentice said, it will make the battle to prohibit them much tougher.

"November 2014 is the next time to put a ballot initiative and, although there is time to put something on the ballot, there will also have been a lot of time passed for same-sex marriages," Prentice said. "I think it's a wake-up call to the people that perhaps some of the other conservative legislatures need to recognize that this is in their hands alone now and that they need to act sooner rather than later to protect traditional marriage."

The shift of the battlefield is also on the radar for the National Organization for Marriage and the Alliance Defending Freedom, the latter of which posted a banner on its website that read: "To Be Continued ... Prop 8."

O'Grady said his group will work phone banks to fight for the right for same-sex couples to marry in more than 30 states that have same-sex marriage bans. He also said the group would be fighting to end discrimination in states where employers can fire someone for sexual orientation or refuse to rent to a person based on that standard.

But he also said the matter won't truly be settled as long as some states recognize same-sex marriage and others don't. He worried about gay and lesbian couples relocating to states for jobs or the military only to discover that the state they're in doesn't recognize their marriage.

O'Grady said another case will have to go before the Supreme Court – one that originates in a state that prohibits gay marriage. O'Grady said that resolution could take years.

"That's what's so frustrating," he said. "In the meantime, I do think the more states that adopt marriage equality, it will only help."

But California appears poised to go forward with same-sex marriages.

The Rev. Rick Marshall said Brea Congregational United Church of Christ has opened up dates in its sanctuary for weddings and plans to waive the usual fees.

"We're excited to be able to offer this," he said, noting the church held one same-sex wedding during the brief window in 2008 when it was allowed in California. "As far as we're concerned, it's a civil rights fight."

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